Information Commissioner's Office

West Sussex County Council

14 February 2008, Local government (County council)

The complainant requested information on the commission payments made by investment managers on behalf of West Sussex County Council (“the Council”). The Council supplied the majority of the information requested however claimed that the information it had redacted was exempt on the basis that the exemption in section 43(2) (commercial interests) applied. The Commissioner's decision is that the exemption in section 43 was engaged by the information however the public interest in disclosing the majority of the information overrides the public interest in maintaining the exemption. Whilst the Council did not raise the issue of the section 41 exemption, the Commissioner has decided that that the exemption in section 41 was partially applicable, however the public interest defence inherent in the common law of confidence also meant that a disclosure of the majority of the information would not be actionable in law. The exemption would not be engaged by this information. The Commissioner’s decision in this case is that the Council has already provided the information to which the complainant is entitled and therefore it is not required to take any further steps in respect of this complaint.

FOI 43: Not upheld